Posted on 12/30/2020 12:52:01 AM PST by CDR Kerchner
The question is whether both Houses of Congress need to reject a state’s Electoral College vote for an objection made during the joint session of Congress on January 6, 2021 to prevail. As explained below, both Houses of Congress do not have to agree to reject a state’s Electoral College votes for those votes to be voided.
There are five scenarios under Section 15 of the Electoral Count Act of 1887(3 U.S.C. § 1 et. seq.) (“ECA”) for counting and resolving Electoral College votes disputes in the joint session of Congress. Scenarios 1 through 4 deal with cases in which both Houses either agree or disagree to the regularity of the votes. Scenario 1 is the only case in which Congress receives just one Electoral College return and both Houses must agree to reject the vote. Scenario 5 is the only one of the five scenarios in which the two Houses disagree, but it only applies when Congress receives competing electoral returns (one state submits to Congress more than one Electoral College vote return). With such disagreement, it provides that the stalemate between the Houses shall be broken by Congress having to accept the electoral votes which a state’s executive (Governor) shall have certified. Hence, under Section 15, one could argue that Scenario 5, which allows for a case in which both Houses disagree, only applies if Congress receives official competing electoral returns and that if it receives only one such return then the two Houses must under Scenario 1 both agree to reject that vote. As explained below, Congress in joint session is not shackled by Section 15 because Section 15 is unconstitutional and even if constitutional, it does not apply to a case of a corrupt underlying popular vote.
Again, there are five ... continue reading at: https://puzo1.blogspot.com/2020/12/it-is-sufficient-if-only-one-house-of.html
(Excerpt) Read more at puzo1.blogspot.com ...
SCOTUS has already spoken on the NBC situation with their silence in Berg vs. Obama.
Their fear was race riots in 2016 so they chose not to do their constitutional job.
Now their fear is open civil war. They’ll count on traditional GOP submission to authority and acquiesce.
We just need to make them aware of the consequences to their bullshiite unconstitutional decisions. A lot like the Dress Scott decision.
I fear we don’t have enough knowledgeable patriots to make the difference.
Good point. Sometimes it’s time to show action and step out in faith onto the water in the midst of a storm like Peter did.
The time for polite legal interactions against a stacked deck is coming to a close.
It’s never enough. The only real truth about politics is that it’s insatiable.
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